Constitutional Law Keyed to Choperback
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Citing traffic concerns, a city passed an ordinance prohibiting residents from holding meetings in their homes with more than 15 persons unrelated to the resident. A resident of the city who belonged to a religious group with 50 members allowed the group to hold weekly services at his home. Between 30 and 40 people attended meetings at the resident’s home each week. A neighbor of the resident who was upset by the number of cars parked in front of her home on the day of the services contacted the police. Police officers investigated and the resident admitted that he was holding services in his home in violation of the ordinance. When he refused the officers’ requests to cease holding such services, they issued him a citation.
At his trial on the citation, how should the court rule on the resident’s claim that application of the ordinance to him violates his right to the free exercise of religion?CorrectIncorrect
A minister had seven wives as he followed a church doctrine that preached that every man must serve God by taking at least six wives. The minister was arrested and charged with polygamy. The minister made a motion to dismiss the case.
Should the motion be granted?CorrectIncorrect
A high school principal instituted a plan that would, according to the principal, ‘‘help students reach their ultimate potential.’’ She sectioned off a portion of the auditorium for students to voluntarily pray, and next to each chair was a short prayer that students could recite. A group of seniors protested. One of the student’s parents hired a lawyer to enjoin the voluntary prayer. The seniors are most likely to:CorrectIncorrect
A devout member of a church lived in the church commune. He spent fourteen hours a day selling CDs for the
church. The church maintained a very complex philosophy enumerated on ten holy CDs and six holy bootlegged
concert DVDs. The flip side of the fourth CD declares, ‘‘It is a sin to thwart the will of God by providing medical treatment. Only God may decide who shall live and who shall die, who shall be sick and who shall be well. Sometimes one must die to atone for his sins; healing such a person will prevent such atonement and condemn that person to hell.’’ The member’s six-year-old son was born with a defective heart. Before his fourth birthday, he was hours away from death. A boy with the exact blood type died in a car accident, and his heart was offered to the son, but the member refused to allow the operation. The son’s physician, and the Human Heart Institute, asserted an action to compel the operation upon which of the following issues will the outcome of the case depend?CorrectIncorrect
A devoutee maintains a religious belief that the firstborn daughter of every woman should be sacrificed to God. Her belief is that the baby should be sacrificed by tossing it off a high suspension bridge. May the devoutee be successfully prosecuted?CorrectIncorrect
A man was arrested and charged with violating a state statute that provided that ‘‘One may neither smoke nor carry a lit cigar or pipe in an elevator.’’ The man challenged the constitutionality of the state statute on the grounds that it violated his right of free exercise of religion.
The man was a member of a religion that required its members to smoke in elevators while the elevator was moving upwards as a means of achieving higher levels of consciousness.
Which of the following choices may not be considered by a court in determining the man’s challenge to the constitutionality of the statute?CorrectIncorrect
A minister had seven wives as he followed a church doctrine that preached that every man must serve God by
taking at least six wives. The minister was arrested and charged with polygamy. The minister made a motion todismiss the case. Should the motion be granted?CorrectIncorrect